Training visa (subclass 407)

Features

The Training visa (subclass 407) lets you visit Australia:

take part in workplace-based training to enhance your skills in your current occupation, area of tertiary study, field of expertise
participate in a professional development training programme in Australia
NOTE: This visa is not appropriate for persons whose sole intention is to work

Requirements

You might be able to get anTraining visa (subclass 407) if:

 you are sponsored by an organisation: who is an approved temporary activities sponsor
an existing training and research sponsor or a professional development sponsor provides sponsorship where your application is lodge on or before 18 May 2017
the occupational training is provided directly by the sponsor (unless an exemption exists)
the occupational training meets the criteria for one of the nomination eligibility types.

Study Visas: The Training visa (subclass 407) is for people who want to come to Australia on a temporary basis to participate in occupational training or professional development.

There are three types of occupational training (nomination eligibility types) covered by this visa:

  • workplace-based training required for registration
  • structured workplace-based training to enhance skills in an eligible occupation
  • training that promotes capacity building overseas.

Occupational training required for registration

This type of occupational training is for people who are required to undertake workplace-based training to obtain registration, membership or licensing in Australia, or their home country, in order to work their occupation.

Occupational training to enhance skills in an eligible occupation

This type of occupational training is for people with recent and suitable experience in the nominated occupation, who are seeking to undertake a structured workplace-based training programme in relation to an occupation specified in the Skilled Occupation List (SOL) or the Consolidated Sponsored Occupation List (CSOL).

Occupational training for capacity building overseas

This type of occupational training includes the following categories:

  • overseas qualification – This category enables students who are currently enrolled in a foreign educational institution and who are required to complete a period of practical training, research or observation to obtain their qualification or the opportunity to undertake up to six months structured workplace-based training in Australia.
  • government support  – This category allows for structured workplace-based occupational training which has the support of a government agency in Australia or the government in the home country of the nominated trainee.
  • professional development  – This category enables overseas employers to send their managerial or professional employees to Australia to undertake a tailored professional development programme of face-to-face teaching in a classroom or similar environment.

Note: Workplace-based occupational training (not including professional development) must be for at least 30 hours a week, of which no more than 30 per cent can be classroom-based.

source: Department of Immigration and Border Protection

If you are outside Australia at time of grant, this visa allows you to:

  • travel to and enter Australia after your visa is granted
  • remain in Australia during the stay period granted (up to a maximum of 2 years), which begins on the day you first enter Australia, to do the training specified in your visa application
  • travel to and from Australia during the stay period granted.

If you are in Australia at time of grant, this visa allows you to:

  • remain in Australia during the stay period granted, which begins on the date your visa is granted, to do the training specified in your visa application
  • travel to and from Australia during the stay period granted.

Part-time, classroom-based study that is unrelated to your occupational training may be permitted, provided it does not interfere with your occupational training programme. The unrelated classroom study cannot count towards any component of the training programme and should be listed in your visa application.

Before you apply

This is a sponsored visa. Before you can apply for this visa, your sponsoring organisation must have applied for or been approved as a sponsor (of a relevant class).

Where your sponsor is not a Commonwealth agency, your sponsoring organisation must nominate you (for approval) to undertake the occupational training programme. Commonwealth agencies, as approved sponsors, do not need to lodge a nomination.

Note: The Training and Research visa (subclass 402) is now closed to new applications. If you already hold a subclass 402 visa, you might continue to do the training or activity for which you were granted the visa until your visa expires.

Your passport

If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, you must notify the Department of this change in writing.

Definitions

Commonwealth agency

A Commonwealth agency includes a Commonwealth Government department or agency.

Foreign government agency

A foreign government agency is one of the following:

  • an organisation conducted under the official auspices of a foreign national government and operating in Australia, including provincial, territory or state governments of that country, foreign tourist and media bureaus, trade offices and other foreign government entities
  • a foreign diplomatic or consular mission with a presence in Australia
  • a recognised international multilateral organisation in which at least three national governments participate, such as the United Nations or the World Bank.

source: Department of Immigration and Border Protection

You might be able to get this visa if you:

  • are sponsored (by an approved sponsor of a relevant class) to participate in workplace-based occupational training activities or classroom-based professional development activities
  • are identified in an approved nomination by an Australian organisation (other than a Commonwealth agency)
  • are invited (if the sponsor is a Commonwealth agency)
  • meet the requirements of the visa
  • have functional English language skills, to do the training and meet occupational health and safety standards
  • have a genuine intention to stay temporarily in Australia
  • have adequate financial support for yourself and accompanying family members while in Australia
  • have adequate arrangements for health insurance while in Australia
  • meet health and character requirements
  • are at least 18 years of age (except in limited circumstances).

Financial support

You might be asked to provide evidence that you can financially support yourself and your accompanying family members while in Australia.

Health insurance

You are responsible for all your health costs while you are in Australia. You will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia.

You must have adequate health insurance unless you are covered by Medicare. You should ensure that your insurance will provide at least the level of coverage required for the purpose of your stay. Your health insurer could be in either Australia or your home country.

Attachment A in the health insurance standard template letter (138 kB RTF) is a guide to the level of health insurance we will accept as adequate.

This applies to you and any dependent family members listed in the application.

If you are not entitled to Medicare benefits, you can ask for an exemption from Australia’s Medicare levy in your end-of-year tax return.

Character requirements

You must meet certain character requirements. If your stay in Australia, including any time already spent in Australia is more than 12 months, you must obtain a police clearance if you are 16 years of age or older.

You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age

This applies to you and all the dependent family members listed in your application, whether they are migrating or not.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.

This also applies to all dependent family members in your application who are 18 years of age or older.

Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Payment of salary or wages

You must be paid a salary or wages in accordance with Australian laws and practices. If there is no award covering the position, you must receive at least the minimum federal award rate.  See: Workplace rights for all visa holders working in Australia.

If this is a volunteer position, you and your sponsor must complete the following forms. Your sponsor must lodge them with the nomination:

  • Form 1283 Acknowledgement of unpaid placement—visa applicant (48KB PDF)
  • Form 1284 Acknowledgement of unpaid placement—sponsor (48KB PDF).

Health requirements

You must meet certain health requirements. The health examinations you need will depend on your personal circumstances, including your period of stay, country of citizenship, time spent in another country during the last five years and your intended activities in Australia. The results of your health examinations are generally valid for 12 months.

Payment for visas declaration

Sponsors, nominators and visa applicants are required to provide a statement in relation to current or previous conduct that constitutes a breach in ‘paying for visa sponsorship’ activity. This declaration is included in the visa application form.

Including family in your application

You may be able to bring your family members to Australia with you, if you are granted this visa.

The visa application must include documentary evidence of their relationship to you.

Your family members must be able to show that they meet health and character requirements.

Your sponsor must agree in writing to sponsor your family members.

Members of your family unit can apply for this visa as either a combined applicant (included in your application) or as a subsequent applicant (at a later time, separate from your application). Subsequent applicants should apply using the Temporary Activity, International Relations or Training Visa (Subsequent Entrant)(403,407,408) form.

Family members who are granted a visa to join you in Australia can only work up to 40 hours a fortnight.

source: Department of Immigration and Border Protection

How long your visa lasts

If you are outside Australia at time of grant, this visa allows you to:

  • to travel to and enter Australia after your visa is granted and
  • remain in Australia during the stay period granted (up to a maximum of two years), which begins on the day you first enter Australia.

If you are in Australia at time of grant, this visa allows you to:

  • remain in Australia during the stay period granted (up to a maximum of two years), which begins on the date your visa is granted.

The duration of stay (stay period) you have been granted will be consistent with the requirements of your training position or professional development programme.

When you receive your visa, you are issued with a visa grant notification letter that explains the conditions of your visa, including the stay period and entry requirements.

You should retain the visa grant letter for your own reference and you might want to carry it with you when you travel, as it contains important information about your visa. The information contained within the visa grant letter will help you to check your visa status.

Renewing your visa

If you want to stay longer when you are in Australia, you must lodge a new application for this visa, including all relevant documents, before your current visa expires.

You will need continuing sponsorship and may have to provide an explanation of why you were unable to complete the training within the initial training period granted.

If you apply for this visa in Australia, you may be able to get a Bridging visa that allows you to stay in the country lawfully while your application is processed. If you are given a Bridging visa A, you can apply for Bridging visa B (BVB) to travel outside Australia while you wait for a decision.

What this visa lets you do

This visa allows you to:

  • stay in Australia for the duration of the stay period granted, to do the training specified in your visa application
  • travel to and from Australia as many times as you want until you have finished participating in the training or your visa expires, whichever occurs first.

Your obligations

While you are in Australia, you and your family must:

  • comply with Australian laws, including all the requirements and conditions of your visa
  • leave Australia before your granted period of stay ends and your visa expires
  • maintain adequate health insurance.

As an occupational trainee, you must:

  • participate fully in the occupational training or professional development programme you were nominated for (you cannot stop participating)
  • not do any work, other than in relation to your approved training programme
  • not become unemployed, leave your training to work for someone else, or work for someone else in a second job
  • not do any other activities that could affect your participation in the training programme
  • tell your sponsor if your personal circumstances change, such as if you cannot continue the training
  • tell your sponsor if you have any concerns about the training programme.

Changing sponsors

If you decide to train with another organisation while in Australia, you will need to be sponsored by that organisation, which must lodge a new nomination for you. When the new nomination is approved you will be able to undertake occupational training with that organisation for the period left on your visa without having to apply for a new visa, provided you continue to undertake the training programme for which your subclass 407 visa was granted.

If your occupational training programme changes, you should lodge a new subclass 407 visa application.

If your sponsor ceases your training you must notify the department and may try to find another employer who is willing to sponsor you.

Report changes in circumstances

You must tell us if your circumstances change.  This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

Please report changes in your circumstances via ImmiAccount.  If you are not able to use ImmiAccount, you can use the following forms:

  • Form 929 Change of address and/or passport details (86KB PDF) — if you move to a new address or change your passport
  • Form 1022 Notification of changes in circumstances (77KB PDF) — if there are other changes in your circumstances.
If you do not provide us with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

source: Department of Immigration and Border Protection

This information is for a person who wants to sponsor someone for a Training visa (subclass 407).

Who can sponsor visa applicants?

Temporary activities sponsors

From 19 November 2016, a single sponsorship (temporary activities sponsor) replaced six existing sponsorship types, including the training and research sponsor and professional development sponsor.

As a temporary activities sponsor, you must:

  • be one of the following types of organisations:
    • an organisation lawfully operating in Australia
    • Government agency
    • Foreign government agency
  • have no adverse information known about you or a person associated with you that could affect your suitability as a sponsor, unless it is reasonable for the Department to disregard the information
  • have the capacity to comply with your sponsorship obligations and
  • directly provide the occupational training, unless an exemption exists.

Exemption from the requirement to directly provide occupational training

The following are exempt from the requirement to directly provide the occupational training:

  • the sponsor is supported by a Commonwealth agency, and the Commonwealth agency has provided a letter endorsing the arrangement for the provision of the occupational training; or
  • the sponsor is specified in a legislative instrument; or
  • the occupational training will be provided in circumstances specified in a legislative instrument.

Sponsorship applications lodged before 19 November 2016

If you applied for approval as a training and research or professional development sponsor before 19 November 2016 and are approved as a sponsor of this type, you will be able to use this approval to sponsor a Training visa (subclass 407) applicant or holder up until the 18 May 2017 or until your current sponsorship approval ceases (whatever is earlier). From 19 May 2017 you will need to be approved as a temporary activities sponsor if you want to sponsor a Training visa (subclass 407) applicant or holder.

If you are already an approved training and research or professional development sponsor, you can continue to sponsor an existing Training and Research visa (subclass 402) holder until their nominated training programme finishes and their subclass 402 visa expires.

Your obligations as an approved sponsor continue to apply. When your sponsorship approval ceases, you will need to lodge a new sponsorship application if you want to sponsor anyone else. You should apply for approval at least two to three months before your existing sponsorship expires.

How long the sponsorship lasts

Generally, temporary activities sponsorships will be approved for a period of five years commencing from the date of approval.

Sponsorship obligations

Sponsorship obligations apply to an approved sponsor by operation of law once you are approved as a sponsor.

The sponsorship application form requires you to provide information that demonstrates your capacity to meet your sponsorship obligations, for example, evidence of your financial status, registration status and your existing number of employees.

The sponsorship obligations are set out in Division 2.19 of the Migration Regulations 1994 and, in general, include:

  • cooperate with inspectors – an approved sponsor is obligated to cooperate with an appointed inspector. This obligation extends to any employee of an approved sponsor acting with actual or apparent authority.
  • ensure equivalent terms and conditions of employment – primary sponsored persons must be provided with terms and conditions of employment that are no less favourable than that provided to, or would be provided to Australian citizens or Australian permanent residents performing equivalent work in the same workplace and location.
  • pay travel costs to enable sponsored persons to leave Australia – an approved sponsor is required to pay reasonable and necessary travel costs for primary sponsored persons and secondary sponsored persons to leave Australia.
  • pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen – an approved sponsor is required to pay costs incurred by the Commonwealth in locating and/or removing an unlawful non-citizen who was a sponsored person if requested. It applies to a person who is or was an approved sponsor.
  • keep records – an approved sponsor is required keep specified records to demonstrate compliance with the sponsorship obligations.  It applies to a person who is or was an approved sponsor. All of the records must be kept in a reproducible format. No record needs to be kept for more than five years.
  • provide records and information to the Minister – an approved sponsor must provide certain records and information to the Minister (or a delegated officer) in specified circumstances. It applies to a person who is or was an approved sponsor.
  • provide information to this department when certain events occur – an approved sponsor must provide information to the Department when certain events occur. It applies to a person who is or was an approved sponsor.
  • secure an offer of a reasonable standard of accommodation – an approved sponsor must secure one or more offers of accommodation for sponsored persons that:
    • will provide for a reasonable standard of accommodation and
    • will ensure that the sponsored person has accommodation while the sponsored person is in Australia.
  • ensure primary sponsored person works or participates in nominated occupation, programme or activity – an approved sponsor is required to ensure that the sponsored person does not work in an occupation, programme or activity other than that for which a nomination has been approved in relation to the sponsored person.
  • not recover, transfer or take actions that would result in another person paying for certain costs – the sponsor is solely responsible for certain costs.

This information is for an approved sponsor who wants to nominate someone for a Training visa (subclass 407).

The nomination process identifies the:

  • nomination eligibility type (see: Nomination types)
  • details of the proposed training programme
  • position to be filled
  • skills, qualifications and experience required for the position
  • person who has been nominated to take part in the activity.

You will need to apply online using ImmiAccount to nominate a Training visa (subclass 407) applicant or holder.

Who can nominate an applicant

You can nominate someone for a Training visa (subclass 407) if you are one of the following:

  • an approved temporary activities sponsor
  • you have already lodged an application to become an approved temporary activities sponsor.

Your nomination application cannot be approved until your sponsorship is approved.

If you applied for approval as a training and research or professional development sponsor before 19 November 2016 and are approved as a sponsor of this type, you will be able to use this approval to nominate a Training visa (subclass 407) applicant or holder up until the 18 May 2017 or until your current sponsorship approval ceases (whatever is earlier).

The occupational training must be provided directly by the sponsor, unless an exemption exists. See Sponsors tab for information.

Nomination applications lodged before 19 November 2016

All nominations lodged before 19 November 2016 must be linked to an associated Training and Research visa (subclass 402) application lodged before 19 November 2016.

If you lodged a nomination before the 19 November 2016 and the person you have nominated was unable to lodge an associated visa application before 19 November 2016, you might want to contact your processing office to withdraw any unfinalised nominations.

Commonwealth agencies

Commonwealth agencies, as approved sponsors, do not need to lodge a nomination.

However, the agency must provide a letter:

  • stating that it agrees to be the sponsor of the applicant who is to do the occupational training and, if applicable, their family members
  • detailing the type, location and duration of the training.

A copy of this letter must be included with the sponsored applicant’s visa application.

Agencies of Australian state or territory governments are required to nominate trainees.

Remuneration

Unless they are undertaking a volunteer position, occupational trainees must be paid in accordance with Australia’s industrial relation laws. A copy of the training contract or agreement, detailing their remuneration, must be included with the nomination. See Sponsors tab for information.

You must provide evidence of a direct employment arrangement, unless an exemption applies.

If the nominee will not be paid, the sponsoring organisation and the nominee must complete the following forms, which the sponsor must submit with the nomination:

  • undefined document entitled: 'Form 1283'Form 1283 Acknowledgement of unpaid placement—visa applicant (48 KB PDF)
  • undefined document entitled: 'Form 1284'Form 1284 Acknowledgement of unpaid placement—sponsor (88 KB PDF).

Nomination types

Nomination requirements differ depending on the purpose or type of training that the visa applicant will be doing in Australia.

There are three types of occupational training (nomination eligibility types) covered by this visa:

  • workplace-based training required for registration
  • structured workplace-based training to enhance skills in an eligible occupation
  • training which promotes capacity building overseas.

The nominee must have functional English language skills to undertake the occupational training and understand workplace health and safety procedures.

Occupational training required for registration

This type of occupational training is for people who are required to undertake workplace-based training to obtain registration, membership or licensing in Australia, or their home country, in relation to their occupation.

To be eligible for this nomination type, the nomination must be for occupational training that:

  • is necessary for the nominated trainee to obtain registration, membership or licensing in their identified occupation
  • involves a mandatory registration, membership or licensing requirement to be employed in the identified occupation of the nominated trainee in Australia or in the home country
  • is of a duration necessary for the identified trainee to meet the registration, membership or licensing requirement in the identified occupation, taking into account their prior experience
  • is workplace based (see: Workplace-based training) and
  • the nominated trainee has appropriate qualifications and experience to undertake the occupational training.

Support from a regulatory body

The organisation or body that is responsible for the registration or licensing of professionals for the identified occupation must support the nomination by providing a letter that:

  • states the name of the nominee
  • advises that the training is necessary for that person to obtain mandatory registration or licensing to work in the identified occupation.

The regulatory body can be in Australia or in the nominee’s home country.

If necessary, we might contact the regulatory body to confirm the registration requirement and whether the proposed duration of training is required.

Health practitioners

Health practitioners who are treating patients as part of their occupational training are required to have conditional or provisional registration from the relevant national, state or territory regulatory body. Nominations for health practitioners must include a letter from the relevant registration authority advising that the nominee has conditional or provisional registration for the training. Because this can take some time, there might be delays in processing the nominee’s visa application if they have not already applied for such a letter.

Occupational training to enhance skills in an eligible occupation

This type of occupational training is for people with recent and suitable experience in the nominated occupation, who are seeking to undertake a structured workplace-based training programme in relation to an occupation specified in the Skilled Occupation List (SOL) or the Consolidated Sponsored Occupation List (CSOL).

To be eligible for this nomination type, the nomination must be for occupational training that:

  • is a structured workplace-based training programme, specifically tailored and timed to the training needs of the nominated person
  • is of a duration that meets the specific needs of the nominee
  • is in relation to an occupation specified in the Skilled Occupation List (SOL) or the Consolidated Sponsored Occupation List (CSOL)
  • involves a nominee who has recent and suitable prior experience (this can include employment experience or study experience) that:
    • is the equivalent of at least 12 months full-time experience in the occupation
    • has occurred in the 24 months immediately before the nomination is lodged.

Structured training programme

The training programme must be structured to meet the specific training needs of the nominee in order to enhance their skills. A structured programme should include (but is not limited to):

  • an outline of the objectives of the training programme and the type of work activities involved
  • details of the curriculum and the specific training tasks to be done throughout the programme
  • the location of the training activities, including details of the various components
  • details of the training duration and timeframes for the various training tasks
  • details of all supervisors, trainers and/or assessors, including their qualifications and/or experience
  • the planned learning outcomes and how they will be monitored and assessed.

The tasks to be completed and outcomes to be achieved should be consistent with the objectives of the programme, include timeframes for completion, and show an increase in difficulty and complexity over the course of the training programme to allow the nominee to progress to a higher skill level.

Workplace-based training

The occupational training programme should:

  • comprise at least 30 hours a week of training and
  • at least 70 percent of that training must be conducted in the workplace (that is, not in a classroom or similar teaching environment).

Part-time, classroom-based study that is unrelated to the occupational training may be permitted, provided it does not interfere with the occupational training programme. The unrelated classroom study cannot count towards any component of the training programme and should be listed in the nominee’s visa application.

Occupational training for capacity building overseas

This type of occupational training includes the following categories:

  • overseas qualification – This category enables students who are currently enrolled in a foreign educational institution and who are required to complete a period of practical training, research or observation to obtain their qualification or the opportunity to undertake up to six months structured workplace-based training in Australia.
  • government support  – This category allows for occupational training which has the support of a government agency in Australia or the government in the home country of the nominated trainee.
  • professional development  – This category enables overseas employers to send their managerial or professional employees to Australia to undertake a tailored professional development programme.

Overseas qualification

To be eligible for this nomination category, the:

  • nominee must be required to complete a period of no more than six months of practical experience, research or observation to obtain a qualification from a foreign educational institution
  • occupational training must be a structured workplace based training programme specifically tailored to the training needs of the nominee.

This nomination category enables students who are currently enrolled in a foreign educational institution and who are required to complete a period of practical training, research or observation (or any combination thereof) to obtain their qualification, the opportunity to undertake up to six months in Australia for this purpose.

As the sponsor, you are required to submit, with the nomination, a letter from the educational provider in the home country advising that the practical experience, research or observation is a requirement of the nominee’s course.

Government support

To be eligible for this nomination category:

  • the occupational training must be supported by a government agency in Australia or the government in the home country of the nominated trainee
  • is a structured workplace-based training programme specifically tailored to the nominated trainee
  • of a duration that meets the specific training needs of the nominee.

Government agency support in Australia must be provided at the Commonwealth/State/Territory government levels.  Support by the government in the nominated person’s home country, must be provided at a national, provincial, state/territory level.

As the sponsor, you are required to submit, with the nomination, a letter of support from the government agency or the government in the home country indicating the reasons why the training promotes international capacity building.

Professional development

To be eligible for this nomination category:

  • the nominee must have an overseas employer and be in a managerial or professional position in relation to the overseas employer
  • the occupational training must be relevant to, and consistent with, the development of the managerial or professional skills of the nominee
  • the occupational training must provide skills and expertise relevant to, and consistent with, the business background of the overseas employer of the nominee
  • the primary form (at least 55 percent) of the occupational training must be the provision of face to face teaching in a classroom or similar environment.

This category caters for Australian organisations that develop tailored professional development programmes and market these to overseas employers, who wish their managerial or professional employees to gain additional skills consistent with the business of the overseas employer.

As the sponsor, you are required to provide evidence of the nominee’s relevant qualifications, employment details and position, and how the occupational training programme will provide skills and expertise relevant to the employer’s business and the nominee’s development.
Generally, occupations listed in ANZSCO Major Groups 1 and 2 are considered to be ‘professional’ or ‘managerial’ occupations.

How to nominate a visa applicant

This information explains what you need to do to nominate someone for a Training visa (subclass 407).

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the document checklist.

Some documents could take some time to obtain. You should have all the required documents ready when you lodge your application to reduce any delays in processing.

You must provide all relevant documents and pay the nomination charge when you apply.

Payment for visas declaration

Sponsor, nominators and visa applicants are required to provide a statement in relation to current or previous conduct that constitutes a breach in ‘paying for visa sponsorship’ activity. This declaration is included in the nomination form.

How long the nomination lasts

Your nomination lasts for up to 12 months.

source: Department of Immigration and Border Protection

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